HomeAway "Save Our Summer Vacation" Contest- Official Rules

THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES, D.C. AND CANADA (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES AND THE PROVINCE OF QUEBEC) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 21 YEARS OF AGE OR OLDER. YOU ARE NOT AUTHORIZED TO ENTER THIS CONTEST IF YOU DO NOT MEET THESE CRITERIA. HomeAway “Save our Summer Vacation” Contest—Official Rules NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

1. Contest Period: The “Contest Period” runs from 12:01:01 pm, Central Time (“CT”), June 2, 2009 (“Contest-Start”) to 11:59:59 pm, CT, July 20, 2009 ("Contest-End”).

1. There will be an “Entry Period” from Contest-Start to 11:59:59 am CT, July 2, 2009;
2. A “Public Voting Period” from Noon CT, July 2, 2009 to 11:59:59 am CT July 16, 2009; and
3. An “Expert Voting Period” from 12:00:01 am CT, July 17, 2009 to 11:59:59 pm CT July 20, 2009. Sponsor’s computer clock governs time stamp.

2. Eligibility: You may enter the Contest or vote in the Contest if you are a legal resident of the 50 United States, D.C. or Canada (void in Puerto Rico and overseas U.S. territories, possessions, commonwealths and military installations and the Province of Quebec), 21years of age at the time of entry and you had Internet access prior to the start of the Contest. Void where prohibited, licensed, restricted or taxed. An entrant must not be affiliated with any commercial talent union, such as, without limit, the Screen Actors Guild. Employees, officers, directors, agents and representatives of and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of household of HomeAway.com, Inc. (“Sponsor”), THE MARKETING AGENCY, LLC (“Administrator”) and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Contest (collectively the “Contest Entities”) are not eligible to enter or be awarded a prize.

3. How to Enter: This Contest is entered only via the Internet during the Entry Period: There are three (3) ways to enter this Contest —video, photo and essay. You may only enter this Contest once, in one category only. The theme is HomeAway “Save our Summer Vacation.” You have complete creative freedom to create an entry that will obtain the most public votes and the most expert voters (should your entry be a finalist), but your submission is subject to the limitations set forth in #4 below. The judging procedure will be found in #5 below and only three (3) winners—one (1) Grand and two (2) First Prize winners will be chosen from the combination of all three entry categories. You are competing against all contestants across all three categories. General Registration: In addition to posting your essay, photo(s) or video, you must go to http://www.SaveOurSummerVacation.com and complete the entry form by submitting ALL the requested information including a link to the essay, photo(s) or video you posted, as detailed above, and an email address for which you are the authorized user. An “Authorized User” of an email address is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the authorized user of the email address. You must post a summary of your submission (between 50 and 100 words). You will be asked to review and agree with the HomeAway Privacy Policy and the Official Rules of this Contest. You must check the box and submit your entry in order to be considered in this Contest. The registration form and the essay/ photo(s)/ video uploaded, as referenced above, will be referred to collectively as the “entry” or “entries.” Entries must be sent electronically during the Contest Entry Period and received by 11:59:59 am, CT, July 2, 2009. Entries must be in one of the formats specified above and by the posting sites and may not exceed the size limitations as specified above or they will be eliminated from the Contest. Entries must: (i) be original; (ii) be created solely by entrant; (iii) have not won awards or Contests; and, (iv) not infringe on the rights of any third party or trademark. Entries may not contain references to commercial or copyrighted products or creations or trademarks, pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that would be offensive to a group or to an individual. Sponsor reserves the right not to consider, and to remove any reference to, any submission it deems, in its sole, subjective determination, to be inappropriate and will not engage in any form of communication or discussion about any submission. All decisions of the Sponsor are final and cannot be appealed.

1. To enter an short text entry, post the essay on the contest entry form. The maximum Length is 500 words.
2. To Enter the Photo Contest, post your photo essay, up to a maximum of Five (5) photos, to www.flickr.com. You may place small descriptions under each photo.
3. To enter the video contest, post your video, up to a maximum of three (3) minutes in length, on www.youtube.com.

In all three categories, your entry must:

1. Comply with the complete Terms & Conditions of the site where you are posting;
2. Include a link to the HomeAway.com vacation rental URL that you have identified as the vacation rental where you want to stay if you win (you may change it if you are the winner);
3. Include the tags “HomeAway®” and “Save Summer.” You may add other tags of your choosing.

4. Submission Limitations and Rights: By entering this Contest, you explicitly (i) certify that you meet the eligibility requirements as set forth in these Official Rules; (ii) grant to the Sponsor the right to use and publish the biographical information that you provide (except street address, telephone number, and email address) and the submitted entries in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, known and unknown, and for advertising, promotions, other Contests sponsored by the Sponsor and other purposes, without further consent or compensation, unless you are a resident of TN or otherwise where prohibited by law; (iii) agree that the Sponsor, or those acting on its behalf, may photograph and film you and use such photographs and film for any and/or all advertising, promotional, trade and other purposes and in all media, including, but not limited to, newspapers, magazines, online displays, television, cable, video productions, online access, wireless applications and other media channels and applications, known and unknown, without further consent or compensation, unless you are a resident of the state of Tennessee or otherwise where prohibited by law; (iv) represent and warrant that you have the right to grant to Sponsor the rights in the submitted video provided above; (v) certify that you are not affiliated with any commercial talent unions including, without limitation, the Screen Actors Guild (SAG); and (vi) represent and warrant that you have not used any licensed material or any material owned or controlled by someone other than you in your submission, including, without limitation, words, music, graphics, trademarks or artwork as they may apply; and (vii) represent and warrant that your submission is your sole and original work and you have not copied or plagiarized the content or the concept from other material.

5. Voting and Winner Selection: During the Public Voting Period, any member of the eligible public with Internet access is invited to vote for the submissions they find appealing and that best convinces them that the author/creator has best described how HomeAway can “Save our Summer.” An individual may vote for as many entries as s/he wishes, but no more than once for any one submission.

1. To vote, go to http://www.SaveOurSummerVacation.com during the Voting Period to view the summaries posted.
2. Click through to the submissions to view them in their entirety. Then cast your vote through the voting mechanism that will appear on the page. At the end of the Contest, the 15 submissions with the highest number of votes will be declared the Finalists, provided all votes are eligible votes according to these Official Rules. All discovered, ineligible votes will be discarded. The decision of the Sponsor and the Administrator will be final. If there is a tie based on eligible votes, the Administrator will break the tie
3. Following the selection of Finalists, the judges will vote for the Grand and First-prize winners. All Finalists’ entries will be judged on creativity – 30%, originality – 30% and effectiveness in expressing the contest theme, HomeAway “Save Our Summer Vacation” – 40%. The decision of the judges will be final; no entrant will have the right to challenge the verdict and the judges will not engage in any conversation or explanation regarding their decision.

6. Quantity, Prize, Approximate Retail Value (ARV): (1) Grand Prize: A $10,000 HomeAway Getaway to the Vacation Rental the winner chooses provided that such vacation rental must be available through HomeAway.com or a website owned and operated by HomeAway®, Inc. The prize will be applied to the rental price of the Vacation Rental. Should the cost of the Vacation Rental be less than $10,000, the difference will be given to the winner in cash to apply to airfare, meals, etc. ARV: - US$10,000. (2) First Prize: A $5,000 HomeAway Getaway to the Vacation Rental the winner chooses provided that such vacation rental must be available through HomeAway.com or a website owned and operated by HomeAway®, Inc. The prize will be applied to the rental price of the Vacation Rental. Should the cost of the Vacation Rental be less than $5,000, the difference will be given to the winner in cash to apply to airfare, meals, etc. ARV: - US$5,000. In all prize awards, the winner will be responsible for all other expenditures not specifically mentioned in these Official Rules. All prize vacations must be taken within one (1) year of prize award. A winner must book and have paid for a vacation rental in order to receive the cash potion of the prize (should there be any). Winners acknowledge that the prize is awarded “as is” and that the Contest Entities have neither made, nor are in any manner responsible or liable for any representation expressed or implied, in fact or in law, relative to a prize or regarding the enjoyment of the prize. All prizes will be awarded if properly claimed according to the Official Rules and if there are sufficient entries. Winner will release and indemnify HomeAway®, Inc. from any losses or damages whether by tort or civil in nature, arising from the use of the vacation rental.

7. General: Contest administration and verification will be supervised by HomeAway®, Inc. and THE MARKETING AGENCY, LLC, an independent judging organization whose decisions are final. By participating in this Contest, you agree to be bound by these Official Rules, Sponsor’s and entries’ hosting sites’ Terms & Conditions and privacy policies and the decisions of the Sponsor, the judges and the Contest Administrator. Those wishing to enter are responsible for accessing the correct websites. Sponsor is not responsible for lost, late, illegible, misdirected, incomplete or garbled entries, for those who cannot access the Internet or cannot click-through for any period of time or for submissions that are garbled or if entry or voting information is not captured correctly, or for any technical, hardware, software, telephone, Internet, virus contamination, network, human error, including errors by Sponsor’s employees/agents in handling information, electronic malfunctions, force majeure or any other problems; and for delay, failure or malfunction for any reason. Sponsor assumes no liability for damage caused to entrant’s or any other person’s/entity’s computer hardware, software or communications network, regardless of cause. Entries and voting must be made by an individual from a stand-alone computer and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries or voting made in violation of these Official Rules will be discarded. Sponsor reserves the right to terminate/cancel or modify the online entering/voting procedure or disqualify any entrant if, in Sponsor’s sole judgment, it determines that the integrity or fairness of the Contest has been, or could be, compromised or that the Contest is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. Should this Contest be terminated/cancelled, the Prizes may not be awarded.

8. By entering this Contest, an entrant explicitly releases, discharges and holds harmless the Contest Entities and their shareholders, successors, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of a prize. By accepting the prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). All Prizewinners will be sent an Affidavit of Eligibility, Liability and Publicity Release via email and will be required to complete the Affidavit, have it notarized and return it within three (3) business days. Failure to do so may cause the prize to be forfeited and another winner may be chosen by the judges. A Canadian potential winner must correctly answer a time-limited, mathematical, skill-testing question in order to receive the prize. The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer or exchange will be allowed except by Sponsor. A prize or prize notification that is returned as undeliverable will disqualify the winner and the next highest expert-voted entry will be chosen to receive the prize, providing s/he complies, will these Official Rules.

9. All federal, state, provincial and local laws and regulations apply. If any provision of the Contest shall be deemed to violate any federal, state, provincial or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, provincial or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Contest in any jurisdiction, Sponsor reserves the right to (i) terminate the Contest in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Contest any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Contest entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners’ responsibility and a 2009 form #1099 will be issued to a US Prizewinner for the value of the prize.

10. Contest Entities and all production and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Contest is conducted in American English.

11. All entries submitted become the property of Sponsor and none will be acknowledged or returned. Sponsor and Administrator collect personal information from you when you enter the Contest. The information collected is subject to the Sponsor’s Privacy Policy, which can be found by clicking Privacy Policy on www.homeaway.com and Administrator’s Privacy Policy found at themarketingagency.com/html/sweepstakes.html. By participating in the Contest, entrants hereby agree to Sponsor's and Administrator’s collection and usage of their personal information according to their privacy policies and acknowledge that they have read and accepted Sponsor's/Administrator’s privacy policy.

12. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Travis County, Texas, and all entrants agree to Travis County as the venue for any legal action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and never shall include consequential, incidental or punitive damages, and in no event attorneys' or experts’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

13. For a Winners List — available on or about August 30, 2009 send a hand-printed, self addressed, sufficiently stamped, #10, business envelope to Winner — HomeAway “Save our Summer Vacation” Contest c/o The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 . Requests must be received by August 30, 2009. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Contest/Sweepstakes using this address. Entries mailed to this address will be discarded.

14. This Contest is sponsored by HomeAway®, Inc., 3801 S. Capital of Texas Highway, Suite 150, Austin, TX 78704 and administered by The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306. HomeAway.com, Inc. is the Digital Millennium Copyright Act agent. All trademarks are the property of their respective owners. Official Rules © 2009, The Marketing Agency, LLC.